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Q: Some people say that adoptive parents don’t need to be concerned with the issue of coercion – that it’s not their problem. What’s your response?
A: We each have to follow our conscience and our moral compass. From a very practical standpoint, if relinquishments and consents to adopt are not obtained from both parents free of coercion, the adoption is at risk of being overturned. A contested adoption – win or lose – is extremely stressful and costly for all. It is thus in everyone’s best interest to ensure that ethical practices are observed.
Q: You’ve been involved in adoption reform for a long time. What changes have you seen over the years? Have things changed for the better or become worse?
A: I have seen small, positive moves toward more truth and openness in adoption. But I also see an increase in the corruption resulting from the privatization of infant adoption, which has opened the flood gates to unprofessional and unethical practices, both domestically and internationally.
Q: How much time do you think a woman should wait before signing consents? How much time should women have to revoke a consent once it is given?
A: Law professor Elizabeth Samuels, who has done a comprehensive review of the laws in this regard, suggests four to seven days after birth before a consent can be taken, followed by an unqualified revocation period of approximately three weeks. I support these timeframes – which are shorter than in Australia and Europe – as minimum standards and encourage them to be as liberal as possible.
Q: In terms of ethical behavior, are agency adoptions better than independent adoptions arranged by lawyers or facilitators?
A: In my research there is no difference. In most states anyone can obtain a license to open and operate an “adoption agency” business. In addition, many women have been fooled by the words “adoption agency,” since many adoption agencies are nothing more than a website and a toll-free phone line, operating out of numerous states in order to circumvent laws. Non-profit is also a meaningless term, and sadder still, the Better Business Bureau is of little help, whether it is the birth or adoptive parents who are seeking help, since most adoption fraud goes unreported.
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“four to seven days after birth before a consent can be taken, followed by an unqualified revocation period of approximately three weeks.”
Are there any bills before Congress to this effect? Are there any congressional members who might sponsor and support such legislation? If so, who are they and where can readers write to them to show support?
“the Better Business Bureau is of little help, whether it is the birth or adoptive parents who are seeking help, since most adoption fraud goes unreported.”
Is there ANY organization in place where these “agencies” can be reported?
Nancy,
To your first question -
No. In fact, it’s my understanding that all bills in front of Congress are in favor of “time for consent” laws going the other way – reducing the time to decide. Elizabeth Samuels’ article on this topic is very interesting reading.
To your second question -
None that I’m aware of, except maybe Ethica, which would publicize it but not be able to do anything about it.
Adoption law is contractual and thus part of the law that is reserved to the states under the constitution. The U.S. Congress has nothing to say about it unless they were to choose to regulate some aspects of adoption under rules of interstate commerce.
They did, at long last, ratify the Hague Treaty which regulates international adoption.
With the acception of a few chapters, the American Civil Liberties Union has been on the side of adoption attorneys whether ethical or not.
BTW: There is a planned conference on ethics in adoption planned for DC in October 2007 co-sponsored by Ethica and the Evan B. Donaldson Adoption Insitute.
Coley questioned “Some people say that adoptive parents don’t need to be concerned with the issue of coercion – that it’s not their problem”
For gosh sakes, who are these some people? I am an aparent, wife of an adoptee, adoption educator and advocate of about the same number of years as Mirah and I have NEVER heard anyone suggest that aparents shouldn’t be concerned with the issue of coercion!In fact I hear (and say) the opposite over and over and over again!
BTW, I am one of the scheduled speakers at the Ethica/Donaldson conference in OCtober.
Margaret, you are correct that adoption law is controlled exclusively by the states. Unless another stab is taken at a Uniform Adoption Code (several have failed) it is unlikely that al future adoption reforms will happen state by state.
Pat Irwin Johnston MS
author: Adopting: Sound Choices, Strong Families Fall 2007